Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Istinbath: Jurnal Hukum dan Ekonomi Islam BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Lisa Hertiana
Universitas Islam Negeri Sunan Kalijaga Yogyakarta, Indonesia
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Perceraian dan Penguatan Hak-hak Perempuan: Reformasi Hukum Keluarga di Mesir, Indonesia dan Pakistan Rizki Amar; Jamilatuz Zahrah; Lisa Hertiana
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v5i1.1388

Abstract

One of the motives for family law reform in the Islamic world is to strengthen the rights of women who tend to be discriminated against and subordinated. Egypt introduced its first family law reform by passing Laws No.25 of 1920 and 1929. Pakistan, through the Muslim Family Law Ordinance of 1961, regulates the issue of divorce and guarantees women's rights in it. Meanwhile, in Indonesia the rules regarding divorce are contained in the 1974 Marriage Law and the Compilation of Islamic Law. This article reviews the development of family law in Egypt, Indonesia and Pakistan, highlights the approaches and methods used in reform, and explores the extent to which family law reforms strengthen women's rights, especially in the field of divorce. The method used in this article is a literature study, by collecting secondary data from relevant literature and then describing it. The findings of the study show that family law reforms in Egypt, Indonesia and Pakistan use intra-doctrinal reform and extra-doctrinal reform approaches. Substantively, the reforms have strengthened women's rights in at least two aspects: first, the limitation of the husband's right to divorce, and second, the expansion of women's access to apply for divorce. Although subtantively the law has strengthened women's rights, in practice divorce and its settlement in the three countries still leave problems and sometimes harm women.
RECONSTRUCTING THE LAW OF JILBAB IN THE QUR’AN: A COMPARATIVE STUDY OF CLASSICAL AND CONTEMPORARY INTERPRETATIONS Ihram Ahmed Siregar; M. Aulia Urrahman; Rizki Amar; Andrie Nindy Dwiantari; Lisa Hertiana
istinbath Vol. 25 No. 1 (2026): Contextualizing Islamic Law and Economics
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v25i1.1140

Abstract

This article examines and reconstructs the legal understanding of the jilbab through a comparative approach between the interpretations of classical and contemporary Islamic scholars. Debates on the jilbab are not limited to the normative aspects of religious texts, but also reflect the dynamic relationship between religion, culture, and social change. This study employs a qualitative method with a normative–comparative approach by analyzing Qur'anic verses related to the hijab, particularly Q. al-Nūr [24]: 31 and Q. al-Aḥzāb [33]: 59, as well as the interpretations of classical exegetes such as al-Ṭabarī, Ibn Kathīr, al-Qurṭubī, and al-Suyūṭī. These interpretations are then compared with the views of contemporary Muslim thinkers, including Saʿīd al-ʿAshmāwī, Muhammad Syahrūr, Amina Wadud, Yusuf al-Qaraḍāwī, and M. Quraish Shihab. The findings indicate a paradigmatic shift in interpretation from a textual–normative approach that emphasizes the formal obligation of the hijab toward a contextual and teleological approach oriented to the objectives of Islamic law (maqāṣid al-sharīʿah), such as the protection of dignity, modesty, and social justice. The reconstruction of hijab law proposed in this article underscores the importance of distinguishing between universal normative Islamic values and the practical forms of the jilbab, which are historical and contextual in nature. This distinction has particular relevance in a Muslim-majority country such as Indonesia, where debates over religious dress intersect with questions of religious diversity and legal formalization. This study is expected to contribute to the development of contemporary Islamic legal discourse that is more adaptive, humanistic, and responsive to social realities.
Co-Authors Andrie Nindy Dwiantari Ihram Ahmed Siregar Jamilatuz Zahrah M. Aulia Urrahman Rizki Amar